Can a Foreign Worker Without a Work Permit Claim Severance Pay and Overtime in Türkiye?

A foreign national who has worked in Türkiye without a valid work permit may assume that they have no employment rights.

Employers sometimes encourage this belief.

A foreign worker may be told:

“You were working illegally, so you cannot sue me.”

or:

“You had no work permit, so you have no right to severance pay.”

or:

“If you claim overtime, I will tell the authorities that you worked illegally.”

These statements oversimplify Turkish law.

Working in Türkiye without the work authorisation required by law can unquestionably create serious administrative and immigration consequences. Both the foreign worker and the employer can face administrative fines, and unauthorised work can trigger deportation proceedings.

However, the absence of a work permit does not automatically mean that all labour rights arising from work already performed disappear.

The correct legal analysis depends on an important distinction:

Was the foreign worker performing an occupation that foreigners are legally permitted to perform, but simply lacked the required work permit?

or:

Was the foreigner performing an occupation that Turkish law expressly reserves to Turkish citizens?

These two situations can produce fundamentally different legal consequences.

The Turkish Court of Cassation has expressly recognised this distinction.

In a significant decision concerning a Jordanian worker, the Court of Cassation’s 10th Civil Chamber held that where the work itself is not prohibited to foreigners, employment relationships involving foreigners working without permits—or continuing to work after the permit expires—are not automatically absolutely void merely because the work permit requirement was violated. The Court concluded that rights arising from work actually performed, including social security consequences, must be considered.

An earlier Court of Cassation 9th Civil Chamber decision concerning severance and notice compensation also treated the absence of a work permit as relevant to the structure of the employment contract rather than as an automatic elimination of the foreign worker’s employment rights. In that case, the Court instructed the lower court to determine whether work permits existed and noted that where no permit had been obtained, the employment relationship could be considered indefinite for purposes of analysing termination rights.

These cases were decided under the predecessor foreign work permit legislation, but the distinction they establish remains highly important when analysing current disputes under the International Labour Force Law No. 6735.

Therefore, the short answer is:

Yes, a foreign worker who worked without a work permit may potentially claim severance pay, overtime and other employment receivables in Türkiye, particularly where the occupation itself was legally open to foreigners and an actual employment relationship can be proven.

However, entitlement is not automatic.

The worker must separately establish the conditions for each claim.

Short Answer

A foreign worker without a work permit may potentially claim:

• unpaid salary;
• overtime pay;
• weekly rest-day pay;
• national and public holiday pay;
• unpaid bonuses and commissions;
• unused annual leave pay after termination;
• severance compensation where the statutory conditions are satisfied;
• and other employment receivables.

The absence of a work permit can lead to administrative sanctions and immigration consequences, but it does not necessarily allow the employer to receive the benefit of the foreigner’s labour without paying legally accrued employment entitlements.

The situation becomes more difficult where the work itself belongs to a profession that Turkish legislation expressly reserves for Turkish citizens.

The Ministry of Labour currently maintains an official list of professions and duties reserved to Turkish citizens.

Does Working Without a Permit Make the Employment Contract Invalid?

Not always.

This question is central to the entire subject.

Turkish contract law recognises that contracts contrary to mandatory statutory provisions, public order or certain legal prohibitions can be absolutely invalid.

However, the Court of Cassation has distinguished between two types of illegality.

Situation One: The Work Is Legally Open to Foreigners

Suppose a foreign worker performs ordinary work as:

• a restaurant employee;
• hotel employee;
• textile worker;
• office employee;
• software developer;
• warehouse employee;
• factory worker;
• salesperson;
• or another occupation legally open to foreigners.

The worker should have obtained a work permit but did not.

According to the reasoning adopted by the Court of Cassation’s 10th Civil Chamber, the lack of a work permit does not automatically make the employment relationship absolutely void where foreigners are legally allowed to perform that occupation.

The Court specifically stated that employment agreements entered into with foreigners working without permission in occupations open to foreigners do not become absolutely invalid merely because the work permit requirement was violated.

This distinction prevents an employer from benefiting from its own participation in illegal employment by arguing that the worker has no rights at all.

Situation Two: The Profession Is Reserved to Turkish Citizens

The result can be different where Turkish law prohibits foreigners from performing the profession itself.

The Ministry of Labour’s current 2026 list includes several professions and duties reserved to Turkish citizens by specific legislation. These include, among others, certain private security positions, financial consultancy, dentistry, pharmacy, veterinary medicine, notary practice, law practice, mediation and various maritime or regulated duties.

In this second category, the legal problem is not merely:

“The employee forgot to obtain a permit.”

Instead:

“The law prohibited this foreign national from performing this occupation in the first place.”

Court of Cassation jurisprudence has treated these situations more strictly because the statutory prohibition concerning the occupation itself may affect the validity of the employment contract.

Accordingly, before analysing severance or overtime claims, the first question should always be:

Was the occupation legally open to foreign nationals?

Can an Employer Use Its Own Illegal Conduct to Avoid Paying the Foreign Worker?

This is one of the strongest policy arguments in these cases.

Consider the following scenario.

An employer knowingly hires a foreign worker without a permit.

The worker works:

• six days every week;
• 11 hours per day;
• for three years.

The employer pays salary irregularly and never pays overtime.

When the relationship ends, the employer says:

“You had no permit. Therefore, you cannot claim anything.”

If that argument automatically succeeded in every case, employers could economically benefit from violating foreign employment legislation.

They could:

• deliberately avoid obtaining permits;
• employ vulnerable foreign nationals;
• avoid registering them with SGK;
• avoid paying overtime;
• and later rely on the same illegality as a complete defence.

The approach reflected in Court of Cassation jurisprudence avoids such a blanket result where the occupation itself is legally open to foreigners.

This does not make unauthorised work lawful.

It means the public-law sanction for illegal employment and the private-law rights arising from work actually performed should not automatically be treated as the same legal question.

Can a Foreign Worker Without a Permit Claim Severance Pay?

Potentially, yes.

But lack of a permit is not the only issue.

A worker claiming severance compensation must also satisfy the ordinary legal requirements for severance pay.

Under the continuing severance regime based on Article 14 of former Labour Law No. 1475, the worker generally needs at least one year of service with the same employer and the employment relationship must end in a legally qualifying manner.

The Ministry of Labour’s current guidance confirms the basic one-year service requirement and lists the principal termination circumstances that can produce severance entitlement.

Therefore, a foreign worker cannot simply argue:

“I worked without a permit, so give me severance.”

The worker must show both:

1. that the employment relationship can legally generate employment rights despite the permit problem; and
2. that the ordinary conditions for severance compensation are satisfied.

When Can a Foreign Worker Become Entitled to Severance Pay?

Examples can include situations where:

• the employer dismisses the worker without a legally valid ground excluding severance;
• the employee terminates the employment agreement for a justified reason recognised by labour law;
• the employee terminates because wages are not paid in accordance with law or contract;
• another statutory severance entitlement applies.

For example, if an employer refuses to pay the foreign worker’s salary, the employee may potentially terminate for justified reason under Article 24 of Labour Law No. 4857.

If the worker also satisfies the one-year service requirement, severance compensation may then become relevant.

The absence of a work permit must be analysed separately.

Does Every Resignation Give a Foreign Worker Severance Pay?

No.

This is equally true for Turkish and foreign workers.

A worker who simply decides:

“I do not want to work here anymore.”

and resigns without a statutory severance ground will not ordinarily qualify for severance merely because they worked for more than one year.

The reason for termination is critical.

This is why foreign employees should be cautious about signing documents stating:

“I voluntarily resign for personal reasons.”

where the real circumstances are:

• salary non-payment;
• harassment;
• excessive unpaid work;
• serious employment violations;
• or another potentially justified termination ground.

The wording and evidence concerning termination can materially affect severance entitlement.

Can a Foreign Worker Claim Severance If the Employer Dismisses Them Because They Have No Work Permit?

This is a legally sensitive situation.

The answer can depend on:

• why there was no permit;
• whether the employer was responsible for obtaining or facilitating the permit;
• whether the employment could legally continue;
• the occupation;
• the contractual structure;
• and the precise termination method.

Employers commonly participate directly in dependent work permit applications.

The ordinary dependent work permit is issued for employment under specified employer and job conditions. The Ministry states that foreigners covered by Law No. 6735 generally require a valid permit or exemption before working.

An employer that knowingly employed a foreign national without authorisation may therefore have difficulty presenting itself as entirely innocent when later terminating the same worker because no permit existed.

However, severance entitlement must still be assessed case by case rather than assumed.

Court of Cassation Decision on Foreign Worker Severance and Work Permits

The Court of Cassation 9th Civil Chamber’s decision numbered E. 2004/24583, K. 2005/20488 is particularly useful.

The case involved a foreign employee who had worked for a private university for more than nine years under consecutive agreements.

The dispute concerned severance and notice compensation and whether the successive contracts had remained fixed-term.

The Court held that the foreign employee’s work permit situation had to be investigated.

Importantly, it reasoned that if no work permit had been obtained—or if the permit was indefinite—the employment relationship could be accepted as indefinite for purposes of the termination analysis.

Although the applicable foreign-work legislation has since changed, this precedent remains valuable because it shows that the Court did not treat absence of a work permit as automatically eliminating the foreign employee’s severance-related labour-law status.

Can a Foreign Worker Without a Work Permit Claim Overtime?

Potentially, yes.

Again, two separate questions must be answered:

Was there a legally recognisable employment relationship?

and

Did the foreigner actually perform overtime work?

Under Labour Law No. 4857, ordinary weekly working time is generally 45 hours.

Work exceeding 45 hours per week generally constitutes overtime, subject to the statutory rules and exceptions.

The Ministry of Labour confirms that work exceeding the 45-hour weekly limit is considered overtime and that each overtime hour must normally be compensated at 50% above the ordinary hourly wage.

Therefore, if a foreign worker proves that they regularly worked:

• 55 hours;
• 60 hours;
• or 70 hours

per week, an overtime claim may arise.

The lack of a work permit does not automatically answer whether overtime was actually performed.

Example of Overtime Calculation

Assume a foreign employee worked:

Monday to Saturday
08:00 to 19:00

after legally deductible meal and rest breaks.

If the resulting weekly working time exceeds 45 hours, the excess can constitute overtime.

If the court determines that the employee worked 12 hours of compensable overtime each week, the overtime calculation will generally be based on:

• the employee’s proven wage;
• ordinary hourly rate;
• overtime premium;
• qualifying weeks within the claim period;
• and evidentiary findings.

The fact that the worker was a foreign national does not itself change the Article 41 overtime rate.

How Is Overtime Proved?

The burden of proving overtime generally rests on the worker claiming it.

Current Court of Cassation jurisprudence states that a worker alleging overtime must prove the additional working hours.

Evidence can include:

• workplace entrance and exit records;
• card-access records;
• internal workplace correspondence;
• electronic records;
• schedules;
• emails;
• WhatsApp messages;
• shift lists;
• vehicle records;
• customer records;
• and witness testimony.

Where written records are unavailable, witness testimony may be used, provided that the witnesses actually know the workplace and working system.

The same evidentiary principles can also apply to:

• weekly rest claims;
• national holiday work;
• and general public holiday work.

Are Foreign Workers Without SGK Records Unable to Prove Overtime?

No.

The absence of SGK registration makes the case more difficult, but not automatically impossible.

Foreign workers employed without work permits are often also:

• not registered with SGK;
• paid in cash;
• excluded from official payroll;
• or omitted from staff records.

This makes alternative evidence extremely important.

Useful evidence can include:

• WhatsApp work groups;
• employer instructions;
• photographs;
• company uniforms;
• location records;
• workplace access cards;
• delivery documents;
• hotel or restaurant shift records;
• bank transfers;
• staff accommodation;
• company vehicles;
• customer communications;
• and witnesses.

The Court of Cassation has repeatedly recognised workplace records and competent witness testimony as relevant methods of proving overtime.

Can the Employer Say: “There Is No SGK Record, So You Never Worked Here”?

The employer may raise this defence, but the absence of SGK registration is not necessarily conclusive.

The worker can seek to prove actual work through other evidence.

Indeed, the important Court of Cassation 10th Civil Chamber case concerning a foreign employee arose from a service determination action, precisely because some periods of actual work had not been officially reported.

The Court emphasised the need to investigate:

• whether the occupation was legally open to foreigners;
• whether the foreigner had actually worked;
• whether social security conditions existed;
• work permit status;
• Turkish entry and exit dates;
• witness testimony;
• and employment-rights litigation.

Therefore, lack of formal registration may itself become part of the dispute rather than automatically defeating it.

What If the Employer Paid the Foreign Worker in Cash?

Cash payment does not necessarily eliminate employment rights.

However, it can make proof more difficult.

A worker paid in cash should try to preserve evidence showing:

• agreed salary;
• previous payments;
• payment dates;
• employer messages;
• written salary promises;
• witnesses;
• and the actual position performed.

If the employer officially reported a lower salary but paid—or promised—a higher salary, the actual wage may become a factual dispute.

The wage level matters because overtime and severance calculations depend on the worker’s remuneration.

What Wage Is Used to Calculate Severance Pay?

Severance compensation is generally calculated on the basis of the employee’s qualifying final gross wage, including certain continuous monetary and measurable benefits.

The Ministry of Labour’s current guidance explains that continuous benefits such as:

• meal assistance;
• housing support;
• transportation benefits;
• family assistance;
• regular bonuses;
• and certain other continuous payments

may be taken into account when calculating severance compensation, while non-continuous payments and overtime itself are generally excluded from the severance base.

This can be particularly important for foreign employees whose compensation package includes:

• accommodation;
• food;
• transport;
• regular premium payments;
• or other benefits.

Is There a Severance Pay Ceiling?

Yes.

Turkish severance compensation is subject to a statutory ceiling that changes periodically.

Because this figure changes over time, calculation should use the ceiling applicable at the date employment terminates rather than an outdated figure found in an old article.

For SEO and practical purposes, foreign workers should understand that:

one year of employment does not always equal one full month’s unlimited salary where the employee earns above the statutory severance ceiling.

Can a Foreign Worker Claim Weekly Rest Pay?

Potentially, yes.

Turkish labour legislation protects weekly rest.

If a worker was required to work continuously without receiving the legally required weekly rest, a separate weekly rest claim may arise.

Current Ministry guidance confirms that weekly rest is legally protected and recent labour inspection guidance emphasises that weekly rest cannot simply be accumulated indefinitely and substituted later.

Foreign nationality does not remove this protection from an employment relationship governed by Turkish labour law.

Can the Worker Claim National and Public Holiday Pay?

Potentially.

If the foreign employee worked on legally recognised national and general holidays without receiving the required compensation, additional claims may arise.

These claims are distinct from ordinary overtime.

A complete employment case should therefore not focus only on:

severance + overtime

but should check all possible receivables.

What Other Claims Can a Foreign Worker Without a Permit Consider?

Depending on the facts, the worker may potentially pursue:

• unpaid basic salary;
• salary differences;
• overtime;
• weekly rest pay;
• national and general holiday pay;
• bonuses;
• commissions;
• premiums;
• unused annual leave pay after termination;
• severance compensation;
• and, where legally applicable, notice compensation.

Each item has its own legal conditions and proof requirements.

Does Lack of a Work Permit Create Administrative Penalties?

Yes.

This is the other side of the case and should not be hidden from the foreign worker.

Under the current 2026 administrative fine schedule:

• a foreigner working dependently without a work permit faces a fine of TRY 40,977;
• a foreigner working independently without a permit faces TRY 82,010;
• an employer employing a foreigner without authorisation faces TRY 102,503 for each foreign worker.

Repeated violations result in the penalties being increased by one fold. These are the official 2026 figures published by the Ministry of Labour.

Therefore, the employer also faces significant exposure.

Does the Employer’s Fine Cancel the Worker’s Labour Claims?

No.

The administrative fine imposed on the employer serves a public-law enforcement purpose.

A severance, overtime or wage claim serves a different purpose:

compensating the worker for employment rights arising from the work relationship.

They should not automatically be offset against one another.

For example, an employer cannot normally say:

“The government fined me TRY 102,503 for employing you, so I will deduct that from your unpaid overtime.”

The employer’s own statutory violation and the employee’s labour receivables are separate legal issues.

Can the Foreign Worker Also Be Deported?

Potentially, yes.

This is one of the most serious risks that must be explained before bringing a claim.

Article 54/1-ğ of Law No. 6458 expressly includes foreigners found working without a work permit among the persons subject to a deportation decision, subject to the statutory exceptions in Article 55.

Therefore, a foreign employee working without authorisation may face both:

employment-law rights

and

immigration-law consequences.

These must be evaluated separately.

Does Claiming Severance Automatically Cause Deportation?

No.

Filing an employment claim is not itself a statutory deportation ground.

The issue is the underlying unauthorised work.

However, litigation or mediation can generate evidence showing that the foreigner worked without authorisation.

For this reason, a foreign employee without a permit should receive advice about:

• labour claims;
• immigration status;
• residence permit;
• possible Article 54 consequences;
• and any Article 55 protection

before proceeding.

The objective is not to discourage the worker from claiming legitimate rights.

It is to understand the entire legal exposure.

What If the Employer Threatens to Report the Worker Unless the Worker Gives Up Severance?

This situation can be especially abusive.

The worker should preserve evidence of the threat.

Examples include:

• WhatsApp messages;
• text messages;
• emails;
• voice communications where lawfully obtained;
• witnesses;
• and settlement documents.

A threat such as:

“Sign that you received nothing, or I will have you deported”

can become relevant when evaluating the validity of any resignation, release or settlement document and, depending on the facts, may raise additional legal issues.

A foreign employee should never sign a Turkish document they do not fully understand simply because immigration status is being used as pressure.

Can the Employer Make the Worker Sign a Release?

An employer may ask the worker to sign an:

ibraname — release or discharge document.

The legal validity and effect of employee releases are subject to strict Turkish law requirements.

A foreign worker should therefore obtain:

• translation;
• calculation of receivables;
• and legal advice

before signing.

This is especially important where the document states that the worker received:

• severance;
• overtime;
• annual leave;
• salary;
• and every other right

when no actual payment occurred.

Can the Worker File a Lawsuit Directly?

Generally not before completing mandatory mediation.

Under Article 3 of Labour Courts Law No. 7036, mediation is a condition of action for lawsuits concerning employee or employer receivables and compensation arising from:

• legislation;
• individual employment contracts;
• or collective employment agreements.

The Ministry of Justice confirms that mandatory mediation for employee receivables and compensation has applied since 1 January 2018.

Therefore, a foreign worker seeking:

• severance;
• overtime;
• salary;
• holiday pay;
• or similar employment receivables

will generally first apply for mandatory mediation.

If settlement fails, the Labour Court case can follow.

Can a Foreign Worker Participate in Mediation from Abroad?

Potentially, yes.

A foreign worker who has returned to another country can generally appoint a Turkish lawyer to handle the employment dispute, subject to the applicable representation and power-of-attorney requirements.

The worker does not necessarily need to continue living in Türkiye until the entire dispute is completed.

This is particularly important where an unauthorised foreign worker has already:

• left voluntarily;
• been deported;
• or lost residence status.

Leaving Türkiye does not automatically extinguish accrued employment receivables.

Which Court Hears the Case?

After mandatory mediation, employee receivable and compensation disputes are generally handled by the Labour Court (İş Mahkemesi).

Questions of:

• employer identity;
• workplace;
• jurisdiction;
• and applicable law

may become more complicated where the case contains an international element.

For example:

• foreign employer;
• work in several countries;
• foreign-law contract;
• foreign branch;
• or expatriate assignment.

In such situations, Turkish private international law may also need to be considered.

For a foreign employee who habitually worked in Türkiye for a Turkish employer, Turkish labour law will generally be central to the dispute.

What Is the Limitation Period for Overtime?

Employment wage-related claims are generally subject to a five-year limitation period.

The Ministry of Labour confirms that wage receivables are subject to five years, and current employment-law materials likewise apply the five-year period to overtime receivables.

Workers should therefore not wait indefinitely.

Because overtime normally accrues over multiple pay periods, the limitation analysis should be performed carefully for each part of the claim.

What Is the Limitation Period for Severance Pay?

Current Turkish labour legislation provides a five-year limitation period for severance compensation.

The Ministry of Labour’s published materials confirm that the 2017 amendments established a five-year limitation period for severance compensation and certain other termination-based compensation claims.

Accordingly, even a strong foreign worker case can be lost or reduced if no action is taken within the applicable limitation period.

Is Applying to Mediation Important for Limitation?

Yes.

Mandatory mediation has procedural consequences regarding litigation and limitation periods.

Because employment claims can approach expiry while negotiations continue, the timing of the mediation application should be carefully calculated rather than leaving the issue until the last weeks of the limitation period.

How Is a Foreign Worker’s Overtime Proven If All Other Employees Are Afraid to Testify?

This is a common practical problem.

Foreign workers may work in workplaces where other employees fear:

• dismissal;
• immigration problems;
• employer retaliation;
• or losing accommodation.

Witness testimony is useful but is not the only evidence.

The Court of Cassation accepts several categories of documentary evidence, including:

• entrance and exit records;
• internal workplace correspondence;
• shift records;
• and other documents showing working hours.

Useful digital evidence may therefore include:

• WhatsApp shift messages;
• work-group timestamps;
• customer booking systems;
• hotel or restaurant software;
• delivery logs;
• electronic door entries;
• GPS records;
• email times;
• and employer instructions.

The evidentiary strategy should begin before the worker loses access to these records.

Can the Employer Rely on Signed Payroll Records?

Yes, signed payroll records can have significant evidentiary value.

Current Court of Cassation jurisprudence states that a payroll document signed by the worker can constitute strong evidence concerning recorded overtime payments unless its falsity is established.

Where a signed payroll shows overtime and contains no reservation, proving additional overtime may become more difficult and may require written evidence depending on the circumstances.

Foreign workers should therefore not sign payroll documents containing:

“overtime paid in full”

if no such payment was actually made.

What If the Foreign Worker Cannot Read Turkish?

This is especially important.

A foreign worker may be handed:

• payroll;
• resignation;
• annual leave form;
• release;
• settlement;
• disciplinary statement;
• or termination notice

written only in Turkish.

The worker should obtain a reliable translation before signing.

A signature can create major evidentiary consequences even where the employee later claims not to have understood the document.

Can the Foreign Worker Claim Service Determination Against SGK?

Potentially, depending on the specific circumstances.

Where actual employment was not reported to SGK, a service determination action (hizmet tespiti davası) may become relevant.

This issue is separate from the ordinary monetary claims for severance and overtime.

The Court of Cassation 10th Civil Chamber’s 2014 foreign-worker decision itself arose from a service determination dispute and emphasised that foreign status is not, by itself, a reason to ignore social-security protection where the occupation is legally open to foreigners and the statutory conditions are satisfied.

Service determination litigation has its own procedural rules and should be assessed separately.

Can a Foreign Worker Claim Severance Based on Unpaid Overtime?

Potentially.

The failure to pay overtime can be relevant not only as a monetary claim but also as a termination issue.

Where the employer systematically fails to pay employment remuneration required by law or contract, the employee may potentially have a justified termination ground under Article 24 of Labour Law No. 4857.

If the worker has at least one year of qualifying service, this can in turn support a severance claim.

The precise termination notice should clearly state the actual reason.

Example 1: Restaurant Worker Without Work Permit

A foreign national works in an Istanbul restaurant for three years.

The person:

• has no work permit;
• works six days per week;
• regularly works 60 hours;
• receives salary in cash;
• and is dismissed without receiving any severance.

Restaurant work is not generally reserved exclusively to Turkish citizens.

The absence of the work permit can create administrative and immigration sanctions.

However, following the distinction established in Court of Cassation jurisprudence, the employer cannot automatically assume that the entire employment relationship becomes legally nonexistent merely because the permit was missing.

The worker may potentially claim:

• severance;
• overtime;
• salary differences;
• holiday pay;
• and other proven employment receivables.

Example 2: Foreign Worker Employed for Eight Months

A foreign worker without a permit is dismissed after eight months.

The worker proves substantial unpaid overtime.

The worker may potentially claim overtime for the work actually performed.

However, the ordinary minimum one-year service requirement for severance compensation has not been satisfied.

Therefore:

overtime may be claimable, while severance may not be.

This example demonstrates why employment receivables must be analysed separately.

Example 3: Worker Voluntarily Leaves After Two Years

A foreign worker without a permit works for two years and simply decides to move to another country.

The worker resigns without a justified statutory ground.

The worker may still have:

• unpaid overtime;
• salary;
• annual leave;
• holiday pay.

But two years of service alone does not automatically create severance compensation after an ordinary voluntary resignation.

Example 4: Worker Leaves Because Salary and Overtime Are Not Paid

A foreign worker has worked for two and a half years.

The employer has not paid:

• two months’ salary;
• overtime;
• public holiday compensation.

The worker properly terminates the employment relationship for justified reason based on the employer’s non-payment.

If the employment relationship is legally recognisable and the other severance requirements are satisfied, the foreigner can potentially seek:

• unpaid salary;
• overtime;
• holiday pay;
• and severance compensation.

Example 5: Foreign Worker Performs a Profession Reserved to Turkish Citizens

A foreigner performs a profession that current Turkish legislation expressly reserves to Turkish citizens.

This case cannot simply be treated like an ordinary undocumented restaurant or factory worker.

The legal prohibition concerns the occupation itself.

The Ministry currently identifies numerous professions falling into this category.

Court of Cassation jurisprudence indicates that contracts relating to occupations legally prohibited to foreigners can raise absolute-invalidity issues, meaning ordinary employment claims may face a substantially different analysis.

Alternative private-law remedies may need to be considered depending on the facts.

Example 6: Employer Claims the Worker Was Never an Employee

A foreign worker has:

• no SGK entry;
• no written employment contract;
• no work permit.

The employer says:

“This person was only my friend.”

However, the foreigner produces:

• nine months of work schedules;
• photographs in uniform;
• employer WhatsApp instructions;
• previous salary payments;
• customer communications;
• and witnesses.

The Labour Court can evaluate the factual relationship as a whole.

Missing administrative paperwork does not automatically erase factual evidence of work.

Frequently Asked Questions

Can a foreign worker without a work permit claim severance pay in Türkiye?

Potentially yes, especially where the occupation is legally open to foreigners, the employment relationship is proven and the ordinary statutory severance requirements are satisfied.

Does the absence of a work permit automatically make the employment contract void?

Not necessarily.

The Court of Cassation distinguishes work legally open to foreigners from occupations prohibited to foreigners.

Can the foreign worker claim overtime?

Potentially yes, where actual overtime is proven.

How many hours per week normally trigger overtime?

Work exceeding 45 hours per week generally constitutes overtime under Labour Law No. 4857.

How is overtime paid?

Ordinary overtime is generally compensated at 50% above the worker’s normal hourly wage.

Who must prove overtime?

The worker claiming overtime generally carries the burden of proving it.

Can witnesses prove overtime?

Yes, particularly where written workplace records are unavailable, provided the witnesses actually know the working system.

Can WhatsApp messages be useful?

Yes, workplace communications can potentially form part of the evidence.

Can the employer deny severance because the worker was not registered with SGK?

Lack of registration does not automatically determine the employment dispute. Actual work may potentially be proven through other evidence.

Is one year of employment necessary for severance?

Generally yes under the ordinary severance regime.

Does every resignation produce severance?

No.

A qualifying termination ground is also necessary.

Can unpaid salary support justified termination?

Potentially yes under Article 24 of Labour Law No. 4857.

Can unpaid overtime also be claimed after termination?

Yes, subject to proof and limitation periods.

Does the worker need mediation before filing the case?

Generally yes for employment receivable and compensation claims.

What is the limitation period?

Many relevant employment receivables, including overtime, are subject to five years. Severance compensation is also subject to a five-year limitation period under the current regime.

Can an undocumented foreign worker be fined?

Yes. The 2026 dependent-worker fine is TRY 40,977.

Can the employer also be fined?

Yes. In 2026 the employer fine is TRY 102,503 for each foreign worker employed without authorisation.

Can the foreigner face deportation?

Yes. Working without a work permit is expressly listed in Article 54/1-ğ of Law No. 6458 as a deportation ground, subject to Article 55 protections.

Does deportation erase the labour claim?

No. Immigration proceedings and private employment receivables are separate legal matters.

Can the worker continue the employment case from abroad?

Potentially yes, through properly authorised counsel and subject to Turkish jurisdiction and procedural rules.

What Evidence Should a Foreign Worker Collect?

A foreign employee considering claims for severance and overtime should preserve as much evidence as possible.

Important evidence may include:

• passport entry and exit records;
• employment contract;
• old or expired work permit;
• work permit application;
• SGK records;
• payroll;
• bank transfers;
• cash payment acknowledgments;
• WhatsApp messages;
• Telegram messages;
• emails;
• shift lists;
• workplace entrance and exit records;
• CCTV;
• staff cards;
• company uniforms;
• customer communications;
• delivery documents;
• workplace photographs;
• accommodation records;
• employer instructions;
• termination notices;
• resignation documents;
• witnesses;
• and documents showing the foreigner’s actual salary.

Digital records should ideally be preserved before the worker loses access to company devices, email accounts or messaging groups.

A Practical Legal Strategy

A foreign worker without a work permit who believes severance and overtime are owed should generally analyse the case in the following order.

Step 1 — Determine Whether the Occupation Was Legally Open to Foreigners

This is the threshold issue.

Step 2 — Prove the Employment Relationship

Determine:

• employer;
• workplace;
• start date;
• end date;
• actual job.

Step 3 — Determine the Real Salary

This affects both severance and overtime calculations.

Step 4 — Analyse Termination

Was the worker:

• dismissed;
• resigned;
• terminated for justified reason;
• or simply stopped attending?

Step 5 — Check the One-Year Severance Requirement

If the worker has less than one year, severance will generally not arise even if other claims do.

Step 6 — Calculate Overtime

Establish the actual weekly working schedule and legally deductible rest periods.

Step 7 — Check Other Receivables

Include:

• salary;
• weekly rest;
• public holidays;
• annual leave;
• commissions;
• bonuses.

Step 8 — Assess Work Permit and Immigration Risk

Determine whether unauthorised work has already been reported to authorities.

Step 9 — Apply to Mandatory Mediation

List every relevant receivable carefully.

Step 10 — File the Labour Court Case If No Settlement Is Reached

The claim should be supported by all available documentary and witness evidence.

Conclusion: Lack of a Work Permit Does Not Automatically Mean a Foreign Worker Has No Severance or Overtime Rights

The statement:

“A foreign worker had no work permit, therefore the worker has no labour rights”

is too broad and can be legally incorrect.

Turkish law requires most foreign nationals to obtain work authorisation before starting employment.

The Ministry of Labour confirms that a residence permit alone does not generally provide a right to work and that foreign nationals within Law No. 6735 must possess the required work permit or exemption.

Unauthorised employment therefore carries serious consequences.

In 2026, a dependent foreign worker without a permit faces an administrative fine of TRY 40,977, while the employer faces TRY 102,503 for each unauthorised foreign worker.

Working without a permit can also trigger deportation proceedings under Article 54/1-ğ of Law No. 6458.

But none of these rules automatically answers the separate question:

What happens to the economic value of work that has already been performed?

Court of Cassation jurisprudence provides the key distinction.

Where a foreigner works in an occupation that is legally open to foreigners but simply lacks the required permit, the Court has held that the employment relationship is not automatically absolutely void merely because the work permit requirement was violated.

This means the foreign worker’s actual employment must still be examined.

Depending on the facts, employment rights can survive the administrative violation.

The result is different where the occupation itself is reserved by law to Turkish citizens.

In that situation, the statutory prohibition concerns the substance of the work itself, and the validity of the employment relationship becomes much more problematic. The Ministry of Labour maintains a current list of professions reserved to Turkish citizens.

For severance compensation, the foreign worker must also satisfy the normal severance rules.

The worker generally needs at least one year of service with the employer and a legally qualifying method of termination.

Therefore, a foreigner who worked for six months may have substantial unpaid overtime but no severance entitlement.

Likewise, a worker who voluntarily resigns without a legally recognised reason does not automatically receive severance simply because the person worked for several years.

Overtime must also be proven independently.

Turkish Labour Law generally treats work exceeding 45 hours per week as overtime and requires a 50% increased hourly payment under the ordinary system.

The Court of Cassation’s current approach places the burden of proving overtime on the employee but recognises multiple forms of evidence.

Workplace entrance records, internal correspondence, electronic records and witness testimony can all be relevant.

This is particularly important for undocumented foreign workers.

They often have no:

• formal contract;
• payroll;
• SGK registration;
• or official personnel file.

Their cases therefore frequently depend on reconstructing the real employment relationship through:

• messages;
• witnesses;
• bank transfers;
• shift records;
• workplace photographs;
• accommodation records;
• and other circumstantial evidence.

Before filing a Labour Court case, mandatory mediation must generally be completed for employee receivable and compensation disputes.

Limitation periods must also be monitored carefully.

Overtime and many employment receivables are generally subject to five years, while current legislation likewise applies a five-year limitation period to severance compensation.

Accordingly, a foreign worker without a work permit should not assume either of the following extremes:

“I worked illegally, so I have no rights.”

or:

“Because I worked, I automatically receive every labour-law entitlement.”

Both statements are too simplistic.

The correct legal analysis requires separate answers to the following questions:

Was the occupation open to foreigners?

Did an actual employment relationship exist?

How long did the foreigner work?

What was the real salary?

How did the employment relationship end?

Is the one-year severance requirement satisfied?

Was there a justified termination ground?

How many overtime hours were actually worked?

What evidence proves those hours?

Were weekly rest and public holidays also worked?

Are limitation periods still open?

Was mandatory mediation completed?

What immigration risks arise from admitting unauthorised employment?

Once these questions are answered, a foreign worker’s severance and overtime rights can be properly evaluated.

Legal Basis

Labour Law No. 4857

Article 41 — Overtime

Work exceeding the general weekly 45-hour threshold constitutes overtime under the ordinary statutory framework.

Each qualifying overtime hour is generally compensated with a 50% premium over the normal hourly wage.

Former Labour Law No. 1475, Article 14

Article 14 remains the principal statutory basis for severance compensation.

The Ministry of Labour confirms that a qualifying employee generally needs at least one year of employment with the same employer and a termination falling within recognised severance circumstances.

Labour Courts Law No. 7036, Article 3

Mandatory mediation is a condition of action for employee and employer receivable and compensation claims arising from employment law, individual employment contracts and collective employment agreements.

International Labour Force Law No. 6735

Foreigners generally must obtain a valid work permit or work permit exemption before working in Türkiye.

Unauthorised workers and employers are subject to administrative sanctions.

For 2026:

• dependent foreign worker without a permit: TRY 40,977;
• independent foreign worker: TRY 82,010;
• employer: TRY 102,503 per unauthorised foreign worker.

Law No. 6458 on Foreigners and International Protection

Article 54/1-ğ

Foreign nationals found working without a work permit are among foreigners against whom a deportation decision may be issued, subject to the Article 55 statutory protections.

Key Court of Cassation Decisions

Court of Cassation 10th Civil Chamber, E. 2013/14038, K. 2014/327, 16 January 2014

The Court distinguished between:

• occupations prohibited to foreigners;
• and occupations foreigners may legally perform but where the individual worker lacked a work permit.

For work legally open to foreigners, the Court held that employment agreements do not automatically become absolutely void merely because the work permit requirement was violated and recognised the need to protect rights arising from work actually performed.

Court of Cassation 9th Civil Chamber, E. 2004/24583, K. 2005/20488, 7 June 2005

In a severance and notice compensation dispute involving a foreign employee, the Court required investigation of the worker’s permit position and reasoned that where no work permit had been obtained, the employment relationship could be treated as indefinite for purposes of the termination analysis rather than treating the employee as having no labour-law rights.

Court of Cassation 9th Civil Chamber — Current Overtime Proof Principles

Current Court of Cassation jurisprudence continues to hold that the worker claiming overtime must prove it.

Relevant evidence includes:

• workplace entry and exit records;
• internal correspondence;
• employment records;
• and, where written evidence is unavailable, witness testimony from persons familiar with the working system.

Final Checklist for Foreign Workers Without Work Permits

Before claiming severance and overtime, determine:

1. Was the occupation legally open to foreigners?
2. Was the worker legally required to obtain a permit?
3. Did a work permit exemption apply?
4. Can the employment relationship be proven?
5. Who was the actual employer?
6. What was the employment start date?
7. What was the termination date?
8. Did employment last at least one year?
9. Who terminated the contract?
10. What was the termination reason?
11. Was there a justified termination ground?
12. What was the worker’s actual wage?
13. Was accommodation provided?
14. Were regular meals or transport provided?
15. How many hours per week were actually worked?
16. Were work schedules preserved?
17. Are WhatsApp or email records available?
18. Are entrance and exit records available?
19. Are witnesses available?
20. Did witnesses work during the same period?
21. Were payroll documents signed?
22. Did those payrolls show overtime payments?
23. Were weekly rest days worked?
24. Were national and general holidays worked?
25. Are salaries unpaid?
26. Is annual leave owed?
27. Is the five-year limitation period still open?
28. Has mandatory mediation been initiated?
29. Has the worker been reported for unauthorised employment?
30. Does a separate immigration or deportation risk need to be addressed?

Disclaimer: This article provides general legal information concerning foreign workers, work permits, severance compensation and overtime claims under Turkish law as of September 2026. It does not constitute individual legal advice. The absence of a work permit can have serious labour, administrative and immigration consequences, and the enforceability of particular employment claims depends especially on the occupation, actual employment relationship, termination method, evidence, limitation periods and immigration status of the worker.